Date Received: 2021-06-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My FHA Case number is XXXX Property XXXX XXXX XXXX, XXXX, NJ XXXX I have several issues that need to be addressed separately and under Section 6 of Respa which states each item must be addressed separately and within 20 days. It has been more than 20 days and over 60 days without PHH answering 1. My home was sold without going on the market for the required 15 days which is in violation of HUD. PHH sold a home worth {$250000.00} for only {$91000.00} and the sale was not a non arms lengths transaction. XXXX did not own the loan or have an interest in the loan so we are requesting documentation that XXXX XXXX gave PHH permission to sell the home, to process the foreclosure in their name and proof that they forwarded the proceeds from the sale to XXXX XXXX. FHA rules state -- - '' An independent third-party provider to market or conduct the foreclosure sale or Post-Foreclosure Sales Efforts, provided the Property was marketed for a minimum of 15 Days before each scheduled sale. '' An Independent Third-Party Provider is a party that conducts the foreclosure sale or additional Post-Foreclosure Sales Efforts, including marketing efforts in support of such sales under Claims Without Conveyance of Title ( CWCOT ) procedures, and who is not one of the following : an Affiliate or subsidiary of the Mortgagee ; any Entity over which the Mortgagee has significant influence ; or any Entity with which the Mortgagee has a conflict of interest in fact or appearance. An independent third-party provider to market the Property prior to any foreclosure or Post-Foreclosure Sale Efforts or to conduct such sales to ensure maximum competition for both the foreclosure sale and Post-Foreclosure Sales. With this property selling for 40 percent of Market Value maximum competition was not performed. 2. We need an understanding, how did PHH/Ocwen create an assignment and assign the loan to XXXX XXXX in XXXX when the Trust, XXXX XXXX XXXX XXXX XXXXXXXX closed in XXXX and could not accept any new loans after the trust was closed. Also the loan was in default and the trust would have been in violation of REMIC law which would have voided the trust. Please should proof other than the fraudulent assignment that this loan was transferred to XXXXXXXX XXXX. Who authorized this fraudulent assignment and who authenticated this assignment. Without the assignment being authenticated PHH was not allowed to foreclose. Please verify who and How the assignment was authenticated. 3. Prior to foreclosing the PHH had to have a in Person interview prior to foreclosing. please provide proof of the in person interview as this did not occur. 4. PHH was must serve the Borrower, which is my serve that they corrected all deficiencies with title prior to foreclosing, please provide proof of service that the letter was sent 5. Please provide proof of service that PHH served me prior to foreclosure
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 08854
Submitted Via: Web
Date Sent: 2021-07-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-29
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I contacted the mortgage company concerning my balance. They sent me a hard copy of payments and balance. I disagreed and asked questions, where I was told to hold on so that they could transfer me to different people. My husband an I purchased this home, XX/XX/1997. We did refinance 3 times and we also filed for bankruptcy. During that period of bankruptcy, we continued to make our monthly payments and we have never been late on our payment even until now. While reading my credit report, I see that we have a balance of more than XXXX. When we purchased our first and only home, the home coated, XXXX. This is our 24th year in our home and have made regular payments every month. We now owe more on our home than what it is worth, and to factor in that we never missed a payment throughout the process of home ownership, except during the time of going through the refinancing process. Our dream is to own our home as we have entered into our senior age. At this age and time we will never own our home and after all the sacrifice we've put into this home, it will never belong to me and my husband. My husband and myself are now XXXX but we still continue to be responsible and manage our everyday living. We would love for someone to look into this matter. Please feel free to contact us, ( if needed ) for additional information. Thanks!
Company Response:
State: FL
Zip: 33578
Submitted Via: Web
Date Sent: 2021-07-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-29
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This complaint is on PHH Mortgage, XXXX. XXXX XXXX XXXX, OH XXXX, XXXX My husband and I bought our home with XXXX XXXX in XX/XX/XXXX of XXXX. The initial flood map was looked at by XXXX XXXX and deemed in the flood zone, after our loan officer and our realtor pushed back on the first determination, we were then granted a Standard Flood Hazard Determination Form ( SFHDF ) from the Department of Homeland Security Federal Emergency Management Agency that stated our home was not in a special flood hazard area. It was dated XX/XX/XXXX and was prepared by XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, PA XXXX. We did not purchase flood insurance and we did not have to obtain flood insurance per the terms of our loan that we closed with XXXX XXXX Our mortgage was then sold to PHH Mortgage. In XXXX and XXXX we received letters from PHH that stated we needed to provide flood insurance, or that is was required on our property. If we did not provide proof of flood insurance, PHH would obtain coverage on our behalf and add it to the terms of our loan, without our consent or signatures. We emailed a copy of the SFHDF to PHH, we sent a copy of the SFHDF via USPS mail as well as uploaded a copy of the SFHDF to their website. None of these copies were acknowledged or replied to by PHH. Mind you, they also have this documentation with our mortgage documents when they purchased our loan from XXXX XXXX. At this point, we have exhausted talking to or emailing PHH Insurance Department and we are completely flabbergasted that while we were not required to have flood insurance on our home in order to purchase and sign the mortgage with out possessing flood insurance, and we have a SFHDF that has been officially determined that we are not in the flood zone, then loan was then sold to PHH for servicing and they took it upon themselves to rewrite the terms of our loan. From our research they are in violation of the Mortgage Regulation H because they are not accepting the previous flood determination from our original loan closed by XXXX XXXX, and they are also breaking the servicing laws by illegally changing the terms of our original loan.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IN
Zip: 46516
Submitted Via: Web
Date Sent: 2021-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-24
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I filed a previous complaint # XXXX. The company responded on XX/XX/XXXX. However, they failed to send me a copy of their response. Their response is focused on their interaction with the loan owner rather than addressing whether or not they violated my rights as the Successor-In-Interest ( SII ). They stated that in XXXX, I " submitted documents to review the account for modification assistance, however, each time the modification review was cancelled as you failed to submit the requested documents within the stipulated time frame to proceed with the modification review. Enclosed are the copies of the cancellation letters for your review. '' The cancellation letters were never received because they were sent to the wrong address. The address on the application for modification is clearly the addresss of the property not that XXXX. XXXX. Hence, I never received any documents and can not be held accountable for not receiving documents. In addition, when I contacted the company they refused to allow me to check on the status of my application. ( See attached email dated XX/XX/XXXX. ) They further stated that there were no calls or written correspondence from me from XXXX to XXXX. That can not be true given that my name is not on the loan and I was unknown to them until I submitted my divorce decree in XXXX and subsequent correspondence. In addition, if there was no calls or written correspondence from me then how on earth were they able to sue me for forclosure in XXXX. Then dismissed the case without prejudice when they realized I was not on the loan. In their response they stated, " Upon review of the court order, on XX/XX/XXXX, you were added as teh Successor-In-Interest ( SII ) on the account. '' However, they provided no documentation of such letter for review. The letter was sent in XX/XX/XXXX which I attached to the previous complaint as evidence that they violated my rights. Documents that should have been sent to me were sent to the wrong address. And the other documents were to Mr. XXXX pertaining to his trial modification plans that I had no knowledge of. Hence, I can not be held accountable for that information especially since they company refused to provide me any information on the account. Even the PHH Ombudsman sent a letter in XX/XX/XXXX stating they could not provide me information on the account. They stated they received documents for modification assistance which is currently under review. You will be provided withthe outcome shortly. '' Ironically, the next day a letter dated XX/XX/XXXX denied the modification. However, the did not evaluate a Repayment Plan. And I did not receive the letter by mail. I just happened to call the company because the 30 days were up. Had I not called, I would have no knowledge of the letter and I would have missed an opportunity to appeal. Lastly, the question that has not been addressed is ... Did PHH violate my rights as the SII and did they comply with the CFPB regulations regarding SII policies? Yes, they did.
Company Response:
State: DC
Zip: 20019
Submitted Via: Web
Date Sent: 2021-07-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-24
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: XXXX, 2018 I sold my condo, OCWEN was the original mortgage holder and now it has transferred over to XXXX. Although my home was sold in 2018 the mortgage company never reported my payoff and closed account to the credit agencies. When ever there was a late payment they had no problem reporting late payments but because I was cover by a XXXX, I never added my home to the bankruptcy list of creditors because I was still paying OCWEN monthly up until I sold the condo. I never knew that it was not reported because I had no reason to check my credit until recently, in which I notice that OCWEN who is now PHH did not report. I sent several notifications to PHH notifying them that this may have been overlooked and if they could please correct. PHH responded that my account was paid in full and closed and they will not report to any credit agency but will provide a letter stating that I sold my property.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91761
Submitted Via: Web
Date Sent: 2021-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I completed a full loss mitigation application for a loan modification with PHH/Ocwen Loan Servicing. I have been trying to get PHH/Ocwen to correct erroneous information and errors on my mortgage since the onset of Covid. I had several critical sources of income cancelled due to Covid. My home has forced placed insurance that should have been removed in XX/XX/XXXX. My home has purchase mortgage insurance which is not proper by HUD and FHA guidelines. My home has a value no more than 70 % of the loan mortgage balance. Taxes and payment calculations are erroneous and have been so since XX/XX/XXXX. PHH/Ocwen hasn't modified and forborne my loan since Covid was declared by the President of the United States PHH/Ocwen made an offer to modify my mortgage during the Covid Pandemic that wasn't compliant with federal law, Executive Orders of the President, Congressional directives in the CARES ACT, and related laws in XX/XX/XXXX, and the American Rescue Act.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30307
Submitted Via: Web
Date Sent: 2021-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH Mortgage was my Lender and my Property taxes of {$1600.00} were due on XX/XX/XXXX, which I have an escrow account setup. I was in the process of refinancing with a new lender when I found out during my title search my XX/XX/XXXX taxes were delinquent. I notified PHH tax department of my delinquent taxes around XX/XX/XXXX. They failed to pay my taxes until after I closed on my refinance. After I closed they sent the late tax payment to my town on XX/XX/XXXX, which my town sent back to them on XX/XX/XXXX because we had already paid the delinquent taxes. PHH mortgage keeps telling me they do not owe me this money because they " paid it '' but their check was never cashed by the town. I have proof from the town the checks were mailed back to them. I also incurred late fees and interest from their lack of making prompt payment to my town. See attached copy of returned check letter as well as my closing documents see page 23 line F5 and also see pages 92 and 93 for delinquent tax information, which was paid by my closing lawyer.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 015XX
Submitted Via: Web
Date Sent: 2021-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: After updating insurance information with PHH Mortgage I was informed via a letter that I would be charged {$860.00} for forced placed insurance for the period of time that there was no insurance on the property. This time frame wasXX/XX/XXXX to XX/XX/XXXX. This gap was less than 3 months due to the prior insurance company never sending a payment letter. That company also never informed PHH of the cancellation. There were no claims during this period. PHH Mortgage makes it next to impossible to contact someone at the insurance servicing center. It took over an hour to contact someone and when I finally did, the call center informed me they were in XXXX and not US based. XXXX from the insurance department informed me PHH Mortgage just last month they reached out to the old insurance company and found that the policy had expired. We are now in XX/XX/XXXXand PHH is just now getting around to updating their insurance records.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 34243
Submitted Via: Web
Date Sent: 2021-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-22
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: PHH Mortgage services incorrectly reported my account as being late in XXXX and XXXX XXXX 120 and 150 days respectively while my account was in a forbearance status. After explaining to PHH the situation and what could be done about it from their end to fix the reporting error, they simply put " Transfer '' on the report, but did not remove the 120 and 150 day marks. Upon doing additional research, the CARES ACT, signed into law on XXXX XX/XX/XXXX, specifies how mortgage companies are to report to the credit bureaus on accounts in their present status : whether current, in forbearance, etc. My account was placed into a forbearance status in XX/XX/XXXX because of the COVID19 pandemic, and I communicated extensively with PHH to ensure all requirements were met prior to the trial payment period, during the trial payment period, and after the trial payment period. However, due to PHH 's lack of due diligence in not providing an overnight return envelope for loan modification documents received on XXXX XX/XX/XXXX, signed and notarized on XXXX XX/XX/XXXX and mailed same day by the notary, the documents were not received until XXXX XXXX, 10 days after their requested return by date of XXXX XX/XX/XXXX. PHH subsequently canceled the loan mod and transferred the loan to XXXX XXXX. XXXX CARES Act XXXX, which became public law XXXX XX/XX/XXXX, PHH has violated the following : Sec 4021 Fair Credit Reporting, Sec 623 ( a ) ( 1 ), subparagraphs ( i ) ( II ) ( bb ) : The National Emergencies Act has not been terminated. Additionally, in reporting my account the above 120 and 150 days late to the credit bureaus, PHH violated paragraph ( ii ) ( I ). As mentioned above, I completed the trial payments as agreed, and continued to make payments while they processed the loan modification paperwork. The account was still in a FORBEARANCE status. Below is the exact language from the CARES ACT : Section 623 ( a ) ( 1 ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s2 ( a ) ( 1 ) ) is amended by adding at the end the following : ( F ) REPORTING INFORMATION DURING COVID19 PANDEMIC. ( i ) DEFINITIONS.In this subsection : ( I ) ACCOMMODATION.The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 2019 ( COVID19 ) pandemic during the covered period. ( II ) COVERED PERIOD.The term covered period means the period beginning on XX/XX/XXXXand ending on the later of ( aa ) 120 days after the date of enactment of this subparagraph ; or ( bb ) 120 days after the date on which the national emergency concerning the novel coronavirus disease ( COVID19 ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates. ( ii ) REPORTING.Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current ; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect ; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. ( iii ) EXCEPTION.Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off.. And because of PHH 's refusal to correct the information reported to the credit bureaus, it has damage my credit. PHH must correct their mistake, or I will take them to litigation.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 45044
Submitted Via: Web
Date Sent: 2021-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-22
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I paid off my Co-Op mortgage loan 15 years earlier than the 30 year term. I was suppose to get my stock certificates but was told by mortgage company that the stock certificates could not be found. I received an email from the mortgage company stating that the loan was paid in full but that the stock certificates could not be found. It included an affidavit stating that fact and I was to send the affidavit to the co-op board or managing company so that a replacement for my stock certificates could be issued to me. The mortgage company stated that they would refund the cost of the replaced stock certificates. After I did as instructed by the email from the mortgage company. I was later told that they did some more investigating and that they never received the stock certificates from The " Custodian of the Stock and lease '' They should have had that information when I paid off my loan in full. Because I followed their instructions to send the affidavit email to the co-op board I had to pay the co-op boards lawyer {$600.00} dollars for a lien search in order to get the replacement stock certificates. If the mortgage company had been more careful they would have informed me from the beginning that they never received my apartment 's stock certificate and I would have resolved this directly with the co-op board and asked for the original stock certificates that were due me when I took out the mortgage. Now no one wants to take responsibility for the error that was committed when I started the process to get my Co-op apartment. This is not fair. I paid all monies that needed to be paid when I got my apartment. I should not have to lose {$600.00} more dollars for an error that was not my fault. The loan company should have looked into this matter before making me take steps that cost me {$600.00} dollars. Please help me if you can. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11235
Submitted Via: Web
Date Sent: 2021-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A